New York Fatal Workplace Injury Lawyers

No one should have to fear being injured on the job. Employers should always provide a safe work environment for their employees. For most employees, there is the security of knowing that workers’ compensation will cover any work injuries or illnesses sustained on the job.

Thousands of workers are hurt every day. Some are fatal injuries that either stem from the injury or are immediately fatal. According to the Bureau of Labor Statistics, in 2018, the national count for fatal work injuries rose to 5,250. Out of those, 73 were fatalities in New York.

There are compensation benefits for workers who are hurt on the job. Families that suffered losing a family member in a fatal workplace accident deserve compensation as well.

If a loved one was a victim of a fatal work accident, you have the right to receive proper compensation. Don’t wonder about your rights. Contact us for a free case evaluation either online or by calling 646.762.1234. We can help you determine if you have a fatal work injury case. 

Death Benefits Are Available to Workers’ Families

Did you know that comprehensive workers’ compensation policies are in place for families as well? Workers’ compensation benefits provide families with death benefits in the event of a fatal accident.  The benefits are specifically for surviving spouses, children, parents, and siblings, and the estate.

According to the New York Workers’ Compensation Board, you could be entitled to:

• Funeral benefits range between $5,000 and up depending on the location
• Weekly survivor benefits until the survivor remarries, until the dependent turns 18 years old or 23 years old if a full-time student, or if the dependent is legally blind or permanently disabled
• Estate benefits if no one qualifies under survivor benefits

For survivor benefits, the amount is calculated based on the decedent’s weekly earning salary. This is typically not over 66 and two-thirds percent of the decedent’s average weekly wage for spouses with no children, while 30 percent is shared across all dependents if the surviving spouse has children.

This is just one example of the surviving benefits that may be owed to you. Fatal workplace injury benefits can be complicated. We know how important it is for you to understand how these benefits work before pursuing a claim.

Do You Have a Fatal Personal Injury Case?

New York State requires employers to carry workers’ compensation insurance for their full-time and part-time employees; they can be fined by the state if they don’t.

Workers’ compensation insurance also covers some farmworkers, volunteers at for-profit companies, and even family members doing company work. However, not all workers qualify for workers’ comp. Municipal or federal employees are not covered under state-specific workers’ compensation laws, and neither are independent contractors. Independent contractors are considered to be a separate entity rather than an employee.

Nevertheless, there may be an aspect of your case that makes your case unique. If you or someone you loved was considered to be an independent contractor and was hurt or fatally injured while performing work on a company job site or property, you may still have a case for a lawsuit.

Most Common Industries with Workplace Accidents

It is not uncommon to be injured on the job, as it can happen to anyone. Similarly, any industry can have workplace accidents, but some are more dangerous than others and tend to have a higher rate of injured employees, including:

• State and local government agencies
• Healthcare
• Agriculture
• Forestry/logging
• Fishing and hunting
• Transportation and warehousing
• Health care
• Manufacturing/warehouse
• Construction
• Retail trade
• Hospitality and food services
• Construction
• Office support
• Utility companies
• Mining

New York is filled with almost every type of business. The industries range from small start-ups to large corporations. Although New York has established laws and regulations to protect workers, many industries are just one step away from an accident or deadly mistake that can cause an injury or, even worse, death. Many times, these mistakes are from negligent business practices and lack of safety concerns.

Fatal workplace injuries can have a drastic impact on your life and livelihood. Put the experience of Hill & Moin on your side to so we can help you put your life back together with compassionate hands. We are like having a lawyer in the family, as many of our clients have told us.

Most Common Workplace Accidents

There are thousands of accidents – many of them serious – in workplaces every year. The personal injury lawyers at Hill & Moin, LLP handle a variety of workers’ compensation claims. Below are some of the work-related personal injury cases we handle at our law firm:

• Falls from ladders and roofs, or falling from scaffolds
• Construction accidents
• Trauma from falling or flying objects
• Machine injury accidents
• Wounds or amputations from being squeezed, caught, crushed, pinched, or compressed between objects
• Defective or malfunctioning equipment
• Occupational infections & diseases
• Motor vehicle accidents
• Violence

Several common types of work injuries frequently occur in the workplace. These injuries can also turn fatal due to secondary infections or complications:

• Burns/electric shocks
• Eye injury, vision impairment, or blindness
• Hearing impairment or loss
• Broken bones/fractures
• Skin diseases or disorders
• Respiratory conditions
• Muscle and tissue injuries
• Neck or back injuries

When your family member has been the victim of a fatal workplace injury, you face one of the toughest times in your life. We know that it is hard to try and balance your grief and the pain of feeling the injustice.

You don’t have to be alone to get justice. Partnering with a wrongful death attorney at Hill & Moin means you have someone by your side that understands your pain and loss. We will deliver the results that you deserve after a fatal workplace injury.

Workers’ Compensation Vs. Wrongful Death

Workers’ compensation insurance was set in place to provide benefits and return lost wages to workers who sustain occupational injuries or illness. The program is run by a New York Workers’ Compensation Board when an employee is injured while at work, there is no assessment or allocation of fault. If it is determined that the injury was work-related, the worker is paid based on earning potential at the time of injury.

The workers’ compensation program was put in place to help cut out civil litigation claims such as wrongful death. Wrongful death claims must prove that negligence caused damages resulting in death.

In the following situations, you may be able to pursue compensation outside of workers’ comp if:

• The fatal injury was caused by a defective product
• The fatal injury was caused by a toxic substance
• The employer did not carry workers’ compensation insurance
• A third party caused the fatal injury

We understand the difference between wrongful death and a workplace injury that results in a fatality. Depending on the circumstances, you may be eligible to receive compensation through either the workers’ compensation system, a wrongful death personal injury lawsuit, or both. The lawyers at Hill & Moin have the knowledge and experience to help you determine which claim is best suited for your case.

If your family member was injured or lost their life to a fatal workplace injury, you might need the representation of a personal injury lawyer well-versed in fatal workplace injuries.

Why You Need a New York Fatal Injury Attorney

After a tragedy like a fatal workplace injury, it is difficult to know where to turn for help or what to do in general. To get your life back on track, you need closure and healing along with an attorney that can help you understand your rights.

Unfortunately, it is not uncommon for a person to be treated unfairly after losing a family member to a work injury. Insurance companies and employers often do not want to accept the blame and may deny claims for financial compensation.

Defending your rights is complicated and intimidating when you are already dealing with stress and grievances. You need a lawyer on your side, defending you and making sure that neither your employer nor the insurance company are taking advantage of your situation.

With our experienced legal team on your side, you can be sure you will be treated honestly and fairly. We protect you against the employer and the employer’s insurance company.

We Help You Get Fair Compensation After a Jobsite Tragedy

We know it is not easy losing someone you love in a work accident and how it can cause emotional and financial pain for many years. We know that no amount of money will help ease this pain, but we want to help you reduce your burdens.

The process for compensation is never easy, but we can help it go much more smoothly. Our attorneys at Hill & Moin can help you receive the compensation you deserve for you and your family. When a workplace death occurs, there are far too many issues that you and the immediate family will need to handle. The last thing on your mind should be how to file a complicated workplace death claim.

At the law offices of Hill & Moin, our workers’ compensation attorneys can help you recover every bit of the workers’ compensation benefit that you are entitled to for the loss of your loved one.

The compensation you may be entitled to may cover:

• Funeral expenses
• Medical costs
• Lost wages and earnings
• Pain and suffering
• Loss of spousal support
• Future income

Hill & Moin – Compassionate Advocates in Your Corner

Leave all the paperwork and legal issues to us; we will analyze your specific case and the circumstances surrounding the loss of your family member. We will help you determine which is the best course of action for your financial compensation. If there are other liable parties responsible for the fatal injury in addition to the employer, we will handle that too.

If you are dealing with the loss of a family member due to a fatal workplace accident or injury, contact our New York personal injury attorneys at Hill & Moin at 646.762.1234 for a free consultation. Don’t worry about your rights; we help protect you.